The hearings of the Financial Crisis Inquiry Commission (Commission) are turning out to be as fascinating at the Watergate Hearings I watched back in the 1970s. They’re at least as important but a lot more complicated and there’s no central figure like Nixon to focus the story.
FDL’s Cynthia Kouril posted on the Commission’s first panel from Wednesday, which featured the big bank chiefs. That got lots of media coverage, so I hope to extract interesting nuggets from the panels of lesser known experts that the Commission is using to build the record of how the worst financial collapse since the Great Depression came about.
I think this may turn out to be the greatest criminal [conspiracy] looting story ever. But that’s getting ahead of the story.
Instead, just consider one little piece near the end of the testimony of Denise "Denny" Voigt Crawford, Commissioner, Texas Securities Board and President of the North American Securities Administrators Association, Inc. She appeared on the second panel of Day 2 (January 14).
Commissioner Crawford is a state regulator who for 28 years has dealt with securities frauds/crimes at the state level. She came out firing, taking dead aim at the federal government’s regulatory laxity (mostly the Securities and Exchange Commission) over the last 10-15 years. Her testimony is full of anecdotes of how Congresses, Administrations, the SEC and federal judges have systematically limited state fraud investigations, preempted state oversight and kneecapped enforcement efforts.
But as Crawford explains, that wasn’t because the feds wanted to pursue a vigorous federal enforcement regime and avoid conflicting state efforts; rather they meant to hand deregulatory protection to the financial industry. It’s worth reading her entire testimony (30 pages, pdf), which you can download along with other testimony here.
Near the end, Crawford makes a plea to restore the rights of defrauded citizens to directly sue the crooks who bilked them, but as in other areas, that’s a right our current Supreme Court has sought to limit:
Reexamine and Remove Hurdles Facing Private Plaintiffs. Private actions are the principal means of redress for victims of securities fraud, but they also play an indispensable role in deterring fraud and complementing the enforcement efforts of government regulators and prosecutors. Congress and the courts alike have recognized this fact. The Senate Report accompanying the Private Securities Litigation Reform Act of 1995 (PSLRA) described the importance of private rights of action as follows:
The SEC enforcement program and the availability of private rights of action together provide a means for defrauded investors to recover damages and a powerful deterrent against violations of the securities laws. As noted by SEC Chairman Levitt, “private rights of action are not only fundamental to the success of our securities markets, they are an essential complement to the SEC’s own enforcement program.” [citation omitted]16
The problem, of course, is that over the last 15 years, Congressional actions and Supreme Court decisions have restricted the ability of private plaintiffs to seek redress in court for securities fraud. These restrictions have not only reduced the compensation available to those who have been the victims of securities fraud, they have also weakened a powerful deterrent against misconduct in our financial markets.
The Supreme Court has issued decisions that further limit the rights of private plaintiffs in two important ways. The Court has narrowed the class of wrongdoers who can be held liable in court, and at the same time, it has expanded the pleading burdens that plaintiffs must satisfy to survive immediate dismissal of their claims. As Justice Stevens lamented in his dissent in Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc., 128 S. Ct. 761, 779 (2008), the Court has been on “a continuing campaign to render the private cause of action under Section 10(b) toothless.”
In short, the pendulum has swung too far in the direction of limiting private rights of action. It’s essential to examine whether private plaintiffs with claims for securities fraud have fair access to the courts. In that process, I’d like to see a Congressional review of the PSLRA and passage of the Liability for Aiding and Abetting Securities Violations Act of 2009 to reverse one of the Supreme Court’s most anti-investor decisions in Central Bank of Denver, N.A. v. First Interstate Bank of Denver, N.A., 114 S.Ct. 1439 (1994). The Court ruled that the private right of action under Section 10(b) of the Securities Exchange Act of 1934 cannot be used to recover damages from those who aid and abet a securities fraud, only those who actually engage in fraudulent acts. The Court’s decision insulates a huge class of wrongdoers from civil liability for their often critical role in support of a securities fraud.
It bears repeating that removing excessive restrictions on access to the courts would not only provide more fair and just compensation for investors, it would also benefit regulators by restoring a powerful deterrent against fraud and abuse: the threat of civil liability.
Our video from C-SPAN captures the Q&A between Commissioner Bob Graham and Ms. Crawford. I’ll be highlighting select pieces from other testimony in future posts.
It’s too early to tell how effective these hearings will be, but I think one of the keys will be how well these "secondary" panels build a record and create a coherent story that will begin to illustrate what a vast criminal enterprise took hold of our economy in the age of non-accountability.
Update: Media coverage of the second day panels:
NYT: A Call for More Regulation at Fiscal Crisis Inquiry
McClatchy: Justice Department eyes possible fraud on Wall Street



49 Comments







remarkable.
But, where are the shareholder lawsuits against these people?
It can’t be possible to pay out bonuses when a business is insolvent.
such as the new york banks did just prior to collapse. where are the shareholder lawsuits?
unless that’s part of the rigging of the deck of cards.
I haven’t searched for the cases, but in recent years, our current Supreme Court has also limited the ability of shareholders in some instances to pursue suits against corporate officers.
And yes, essentially bankrupt firms can pay out huge bonuses, as Merrill Lynch did as it was being acquired by BofA under pressure from the Feds. That’s another story of federal regulators (SEC) first choosing to look the other way in a case involving BoA’s alleged failure to disclose to its shareholders how bad Merrill’s condition was and not disclosing Merrill’s officers had promised themselves huge bonuses just before the takeover. After the SEC was pressured to investigate, it first settled for pennies but that was rejected by a more viligant lower court. Case is still ongoing. Some background:
Original proposed settlement: http://www.washingtonpost.com/wp-dyn/content/story/2009/08/03/ST2009080301532.html
Court rejects settlement: http://www.washingtonpost.com/wp-dyn/content/article/2009/09/14/AR2009091401671.html
SEC tries to up the ante: http://www.washingtonpost.com/wp-dyn/content/article/2010/01/11/AR2010011103786.html
Scarecrow,
If you haven’t read this article yet you should. It appeared in Wired Magazine in February of 2009.
http://www.wired.com/techbiz/it/magazine/17-03/wp_quant?currentPage=all
It is the responsibility of senior management to exercise due diligence and understand the tools their employees are using. The equation developed by Dr. David X. Li was the basis for the modeling employed by Wall Street. A number of very reputable economists had issues with the underlying assumptions of the model and its value as a predictor of actual risk. The warnings were there, the system was changed to fail, those that pushed hardest for the change made money, we pay the bill. These individuals absolutely knew what the risks were and what they were doing.
Thanks for the link. I had read articles about the formula and its issues many months ago. My experience (not in this field) is policy/decision makers can always find tech experts to justify what their biases/incentives are encouraging them to do.
How often does something good come out of Texas? I’m getting some cognitive dissonance here.
OK, Molly Ivins. Not much else, though.
No dissonance here. Like the rest of us, Texans don’t like being parted from their money by shysters.
Great post, thanks Scare.
These crooks are doing their dirty deeds behind a wall of lawyers the whole way. Plus, they’ve bought protection inside the Dem. political establishment as well.
You mean “consiglieri’s”!
The Texas Observer, Jim Hightower, Lloyd Doggett, Craig Watkins (Dallas DA–Innocence Project), Charlie Wilson, Ann Richards, Barbara Jordan, Henry Cisneros, Bob Ray Sanders.
What a great list…Sanders is one of my personal heroes…thanks for
the reminder.
One tidbit that I find interesting is the budget for this commission, rumored, but not surprising if correct, to be $8 million. That is the answer I received from the nice lady who answered the telephone at the F.C.I.C. office yesterday. When I googled the Ken Starr investigations of Monica Lewinsky and Whitewater found that $40 million was spent there and $15 million for the 911 Commission. Let’s see, blowjob or greatest theft of all time….
They should definitely get a bigger budget.
It’s too early to tell how effective these hearings will be
Any word on where this thing is going? Subpoenas? Indictments? Civil or criminal penalties, etc? Or are we talking about the generation of a report, followed by business as usual?
If this inquiry doesn’t have real teeth, the ultimate effect will be next to nothing. Watching Blankfein on Wednesday convinced me (as if I didn’t know already) that these fuckers have no conscience and will do or say anything to keep the proverbial trains running on time.
Its still a bit early. They still haven’t filled all of their senior staff positions! (Financial Crisis Commission Chair: ‘The Investigative Work Is Underway’; First Posted: 11-13-09 ):
For some additional coverage of the FCIC hearings and some of the news coverage of those hearings, see my diary.
Bob in AZ
While interesting in places, these hearings need much more focus: questioning should be done by a counsel well versed in financial fraud, able to conduct sustained, detailed lines of inquiry. And witnesses should be taken one at a time. Subpoenas should already have been served so that the commission and its staff would have had a chance to prepare a factual foundation for their questions.
So far this all looks like atmospherics with a report at its end that almost no one will read. What is needed is a real history of the financial collapse and prosecutions.
As usual I agree with you. At the end Angelides will issue a sternly worded letter to Blankfein, and the records of the commish will be filed away.
The commishes all look so out of their depths that I have been astounded at the rare insightful Q.
Having said that, Crawford was one of the best witnesses to date. Not only did she have an excellect command of the obvious, she is not afraid to outloud it.
The only thing that could save this commish from oblivion is the quality of the witnesses. So far, there have been 2 and a fraction out of a total of around 10.
“she is not afraid to outloud it”
This is the second time I read this use in your comments.
I’m sorry, “to outloud” grates. The outloud is not a verb, it a noun. The correct use is “to say” it. The correct emphasis is “to say it out loud”. A greater metaphorical emphasis is “to shout it for the rooftops”. Outloud is not even a word.
I know US speakers (Not English speakers, as English is not spoken or written on this continent) favor making nous verb and verbs nouns (burglarize indeed!), but “to outloud” grates too much.
Please stop.
Um, no.
People are always making up new words and using existing words in different ways. Get off your high horse.
BTW, I first heard a client use the word in the 1980s. I picked it up because it seemed to be a nice intermediary between “say” and “shout.”
The term “outloud it” has some bite. I like it. Please feel free to concoct any other terms which you might deem appropriate.
eSPARanto! espaRANTo!
Geez, Phil would have made a much better Governor than Der Gropenfeuhrer – being ubber-nerdly and knowing stuff and “these kinds of things.”
I, hopeless optimist that I am, hope that some of this. If I had my way, it would be a full reversal of Tort deform.
I had a similar impression after the first panel with the bankster chiefs, which I thought was fairly predictable and not interesting. But after watching the next 3-4 panels, I think the first one was just a set up — for show — for the harder work to come. There was no way you could effectively grill the banksters before you established a strong evidentiary record with other witnesses and other staff work, and these other panels helped lay that foundation. some were better than others. That’s why I’m going to highlight more of the other testimony and transcripts, because I think there’s a method in what they’re doing. We’ll see.
Remembering King today.
Worth considering. Barack Obama is president in large measure to the herculean efforts of Dr. King. Yet rather than continue King’s struggle, Obama surrounds himself with flunkies from Goldman Sachs.
The conspiracy here is that after Watergate there would be no more revelations of serious Republican crimes (DINOs included). That’s about it and it’s holding very well.
The question is when are the Progressives going to defect en masse from the Corporate clique that has stole the Democratic party along with everything else?
After Coakley? After November?
Inside-the-box is doomed.
I predict that there will be no genuine reform of the financial industry, that nobody will be prosecuted, that the bonuses will be paid, that unemployment will continue to wrack our country, and that Congress will continue to be owned by the bankers (if that is what you choose to call Goldman Sachs.)
These hearings are a sop to make us think our government is willing to stand up to its owners.
I agree.
It’s obvious to someone who has no skin in the financial “investment” game that the entire system is corrupt and made to suck anyone in who has “investments” to shut up and reap the benefits.
Wall Street as a “market” has no real product in the same way that a casino has no real product. It’s an industry that employs a bunch of extremely over paid individuals who get to use all sorts of financial schemes to create bubbles (wealth) and make this available to the “insiders”. They have been using the savings, pensions, mortgage payments… essentially ALL THE money that is NOT in your wallet to play their game.
People with stocks, mutual funds, bonds, and so forth ALL rely on this “system” to have their “money make money”. So they ALL support the WALL STREET system.
What is the alternative?
Is anyone proposing an alternative to “Wall Street” as an “industry”?
No.
This has been another in the series of simple As ….
David Dayen has a fresh cross-post available: Republicans Falling Into Bank Fee Trap
I agree that as long as people own stock, or have 401Ks, or belong to organizations that invest in stock, the system doesn’t change. Right now there is a movement to take money out of the big banks and move it to credit unions or local banks. We need a movement out of the casino they call a stock market, because the game is rigged. Unless you closely monitor the market all day long–or you are an insider–you cannot make money. Or the money you do make comes from someone else’s misery. I do not own stock; I own antiques, jewelry, property, and other valuables. I almost never lose money on those things.
I agree that these hearings are potentially important, and we’re still in their early days, but so far the questioning has been quite tame and undetailed as compared to the Pecora hearing. For a take on this see Phil Mattera’s useful post today.
http://dirtdiggersdigest.org/archives/1058
The Pecora hearings transcripts are posted on the St. Louis Fed website: http://fraser.stlouisfed.org/publications/sensep/
Thanks for the Pecora links.
wrt to the quesioning, yes, as a old Watergate junkee, I liked having a Sam Dash to lead the initial questioning and frame the issues/story. However, several of these Commissioners are capable of asking decent questions, if there’s good staff work behind this, and Brooksley Born is very smart. She had a series of straightforward questions for later witnesses that were very good. I think it’s still too early to tell.
Well I hope you’re right. Another question is where was Citigroup, not to mention Bear and Lehmann? Maybe the commission is planning to call them later, but it would have changed the tone and focus if they had been part of the questioning.
Thanks for your diary and your comments, Scarecrow. I agree with your assessment.
I, too, was a Watergate junkie. In those hearings, not much happened until after the Senate Select Committee wrote its final report– and then, a whole lot happened, very fast.
Bob in AZ
You’re comparing apples to oranges. The “Pecora hearings” is a reference to Congressional hearings with a considerable history before Pecora became involved. The original hearings didn’t amount to much, either. The “Angelides commission,” if it may be so called, doesn’t even have a bunch of its senior staff in place yet. There are plans to put Greenspan and Bernanke in the witness chair. All the obituaries been written here about the FCIC are grossly premature.
Bob in AZ
“Outloud” would normally be considered an adverb, but languages aren’t static. Most articles and relative pronouns in many languages, Germanic, Romance, Greek, started out as demonstrative pronouns. Prepositions were often adverbials. You can see this in ancient Greek where a word like “epi” could be an adverb, an affix on a verb, and a preposition. Or take a future form like “portabo”(I will carry) a synthetic future in Latin but based on an older analytic form where you have the root “port” + a form of the verb to be (the -b-). In old French this form again became analytic: jeo escrire ai (I to write have) and then synthetic: j’écrirai. In modern French this form persists but most of the time is replaced with a new analytic form: je vais écrire (I am going to write). Who knows in the future this may again become synthetic.
Anyway my point is that it is natural for languages to change but it is also natural for their to be resistance to changes. The French have their Académie Française to protect the purity of the language for example. Most French probably like the fact that they have such an institution although most of them routinely ignore its strictures.
There’s a word for languages that don’t evolve.
Dead.
Thanks for the input.
In the article above the following comment is made:
“The hearings of the Financial Crisis Inquiry Commission (Commission) are turning out to be as fascinating at the Watergate Hearings I watched back in the 1970s. They’re at least as important but a lot more complicated and there’s no central figure like Nixon to focus the story.”
It’s true, we don’t have Dick Nixon to push around anymore. Actually, I would submit that there is a Central Figure. That central figure is an equation which was the underpinning of much of the modeling that took place on Wall Street. This was discussed in a very good article which appeared in Wired Magazine in February of 2009. I woul encourage all individuals to read that article. Don’t get mystified by the few mathematical equations that are there. They are not important, it’s all fancy arithematic. What is most important with any model are the underlying assumptions. A rule of thumb in statistics states “no models are true, some are useful.”
http://www.wired.com/techbiz/it/magazine/17-03/wp_quant?currentPage=all
To say that the captains of the finance industry did not know what they were doing is false. They clearly knew and did not care. The game was afoot and the game was to make as much money “legally” as possible. I can just see them saying “Oh well, we trusted our mathematicians to model correctly the state of the financial universe. Their mathematics is so arcane that I can’t understand it. They said it was ‘okay.’” Not true, false, specious, and purely sophistry.
The beautiful about modeling is that it does not require an indepth mathematical sense to know if the underlying assumptions are valid or reasonable. That comes down to human judgement and certain inefible qualities that we term “common sense.”
Read the Wired Article and then call your Senators and Congressmen. Demand thorough investigation.
I think all interested should keep a close eye on this blog.
http://keithhennessey.com/2009/07/16/fcic/
Keith Hennessey is the former Director of the National Economic Council and worked in the George W. Bush White House. Mr. Hennessy is looking for input.
Hennessey is one of the Republican appointees; he was asking focused questions; I’m waiting to see whether/how the commissioneers’ questions begin to reveal a partisan split.
From Hennessey’s web cite, here’s a list of the commissioners and who appointed them:
1. (Chairman) Phil Angelides (Pelosi, chosen as Chair by Pelosi and Reid
2. (Vice Chairman) Former Rep. Bill Thomas (Boehner, chosen as Vice-Chair by Boehner and McConnell)
3. Brooksley Born (Pelosi)
4. Byron Georgiou (Reid)
5. Former Senator Bob Graham (D-FL) (Reid)
6. me: Keith Hennessey (McConnell)
7. Doug Holtz-Eakin (McConnell)
8. Heather Murren (Reid)
9. John Thompson (Pelosi)
10. Peter Wallison (Boehner)
Thanks amazing articles.
from one of them, the Judge’s decision:
These people live in another solar system.
IT WAS CHRIS DODD, with an assist from Joe Lieberman, who pushed through the Private Securities Litigation Reform Act — and he did it over President Clinton’s veto!
Here is a report on that very deed from a Frontline episode:
I wonder if Dodd will work just as hard to pass the Liability for Aiding and Abetting Securities Violations Act in order to fix that piece-of-dung law he passed 15 years ago. Somehow I doubt it.
http://www.ritholtz.com:80/blog/2010/01/how-bankers-think/
Actually, the people above aren’t bankers at all. Bankers aggregate capital, then loan it to business and investment in their community to foster wealth creation in the real economy.
These corporate masters own the casino and the gaming commission, play both sides of every bet, and when they do incur a loss, they’re immunized against civil damages or criminal prosecution, and then bailed out by the very people they ripped off in the first place. And for their superior performance, they are paying themselves over one hundred of billion dollars in 2009 compensation.
Think it’s way past time to put an end to this fraud? Click to http://moveyourmoney.info/ and take action to restore Glass-Steagal — one consumer/taxpayer at a time.
Or we can wait for government to enact and enforce real regulation that limits systemic risk and financial crime. Yeah, I’m not holding my breath on that one either.
Reference: Record Bank Bonuses Based On Record Bank Fraud
How Bankers think — link at http://www.ritholtz.com:80/blog/2010/01/how-bankers-think/
So glad you’re taking this on, Scarecrow! Thanks so much for this beginning!
Thanks to those who resurrected memories of the righteous Texans. They really have been quite terrific. I remember watching Bob Ray on the PBS station in Dallas while I lived in Fort Worth doing civil and consumer rights work. I’ve often wandered what happened to him and the rest of that team.
There is so much in contemporary America that sickens me, but this particular story really enrages.
Blessings,
Does this mean those ‘rights’ haven’t yet been restored?
Things to do:
1. Healthcare Reform
2. Restore rights to sue.
Time and time again, I have shared the illegal behaviors of my mortgage company, and every time some well meaning people would encourage me to use the FDIC, the legal system, a lawyer etc…but what I found over and over again was a lack of response and a mantra “you can’t beat em”…no matter what they did to me…change my pay off, charge me fees to cash my checks, what ever the behavior it was like being robbed and the police saying “you just have to give em the money”.
This is validating. There was no enforcement. It wasn’t in my head, it wasn’t because I didn’t fight hard enough, or keep good enough records. It wasn’t because I deserved it. It was because there was a concerted effort to steal my money…and my home, while they made big bucks in a ponzi scheme that had nothing to do with me.
This whole thing makes me sick. The whole country is still blaming people with these mortgages, some day we will know the whole story. We will understand that the program Obama created to refinance these loans was full of fraud as well. These banks simply rolled their outrageous fees into these loans saving these people 50 bucks a month…no real relief..and what this does to property values is the way the whole country pays a consequence for this behavior. I wish that everyone would see that this behavior…doesn’t just hurt the subprime mortgage holders but it hurts all of us. Without cram down legislation, there is no way to really know what these banks are trying to do to people.
I think we should elect RALPH NADER.